Byers v. Mount Vernon Mills, Inc.

Littlejohn, Justice:

In an action to collect Workmen’s Compensation benefits arising because of the death of Howard E. Byers, the Industrial Commission and the circuit court were called upon to determine who is his legal widow. The Industrial Commission found that respondent Dorothy Byers was the widow. The circuit court affirmed. Martha Byers has appealed.

In 1945 the deceased, Howard E. Byers, married Helen E. McElduff. Without the benefit of a divorce and while Helen was still alive, Howard married Martha Byers in July 1950. The marriage was void because Howard had a wife (Helen) already. In…